Updating an Old Plan: Is Your Will or Trust Still Doing Its Job?
For anyone with a will or trust that has been in a drawer for years. Find out what a plan like yours still does, what it doesn’t do, and what it would take to update it.
Find Out Where You Stand
Your first call is free, about 15 minutes, and happens by phone with Shawn.
Talk to a real person (770) 710-3422
“We have a will. Isn’t that enough?”
What a will can’t do
Having a will means you did the right thing once. But there are two moments a will does not handle the way you might expect.
With only a will
- 1
If you can’t make decisions
A will only works after you die. It does not let anyone act for you while you are living. With no financial power of attorney, your family has to ask a probate court to appoint someone before anyone can sign for you on your money and property.
With a trust plan - 2
When you’re gone
With only a will, anything in your name alone, with no beneficiary named, usually goes through probate court before your family gets it. Going through probate, a simple estate takes about 13 months and costs about $14,700 on average. And your will does not decide who gets an account that has a named beneficiary.
With a trust plan
An old will is not a bad will. But it can’t handle these two moments. That’s why people who come to us with one usually choose a trust.
“Our will is from years ago. Is it still good?”
Is what you have still good? Five questions
These five questions tell you whether your will still fits your life. You can answer them without finding the papers.
| Ask yourself | What it means |
|---|---|
| Was it signed in another state? | Moving to Georgia does not cancel your will. A will you signed in another state can still be used here if it was signed the way Georgia requires: in writing, signed by you, with two witnesses. It is worth a check after a move. |
| Has your family changed? | After a divorce, a will is read as if your ex died first. But Georgia has no law that takes your ex off your life insurance. A new marriage does not cancel an old will. But a spouse who was left out can get the share they would get if you had no will. |
| Do your accounts name the right people? | Accounts with a beneficiary form, like life insurance or an IRA, go to the person named on the form. They do not pass by your will. |
| Has someone named in it died? | A gift to someone who died before you can go to that person’s children. It may not go where you would choose now. |
| Is it only a will? | A will alone does not keep your family out of probate court. |
“Do we need a whole new one?”
What people with an old will usually do next
With a trust plan
- 1
If you can’t make decisions
You sign a financial power of attorney, a health care directive and a medical records release. You choose who steps in, so your family usually does not have to ask a court. Your trust names the person you picked to take over managing it if you can’t.
- 2
When you’re gone
The person you named takes over and follows your instructions. What is in your trust goes to your family the way you planned, without probate court. And they can call us for help.
Already have a trust?
A trust you already have may only need a review.
The most common problem
A trust covers what was moved into it.
A house or account left in your own name can still go through probate.
From another state?
Georgia usually still honors a trust you signed in another state.
A Georgia house only counts as in the trust if it was deeded in under Georgia’s rules.
Do you need a new one?
A new trust is not required just because you moved. If a small change is all yours needs, we’ll say so. If it should be replaced, we’ll say that too.
What does a Trust Package Review cover?
What if my trust needs changes?
We review a trust from any law firm for $1,050, one flat fee.
What it costs
People with an old will usually move to our Foundation package. It is one flat fee:
$3,500
- You get credit for what still works.
- If a document you already have still works, you don’t pay to redo it. You can split the price into payments, with no interest and no credit check.
What’s included
Your documents
- One revocable living trust
- A pour-over willA backup. If something in your name alone is left out of your trust, your will sends it there. It goes through probate court first.
- A financial power of attorney, a health care directive and a medical records release
- A new deed that moves your house into your trust
Our help
- A call with Melissa before you sign
- A Funding CheckupWe go through every account on your list. If one isn’t titled correctly, we tell you exactly how to fix it.
- A call to your CPA and your financial advisor
- A written checklist after you sign
For the years ahead
- A call with the person you named to take over
- A call for your family when you’re gone
- One year of the Guardian PlanOur yearly upkeep plan. It keeps your plan up to date, and simple updates are free. After the first year it is optional.
Own a rental, land or a second home too?There is an add-on for that: $550 for each extra Georgia property, or $1,100 per state for property in another state. You don’t need a bigger package.
How it works
You don’t need your papers in hand to call.
Tell us what you have and when you did it. The first call always ends with a price.
You’ll have drafts of your documents to review about 2 to 3 weeks after your Design Meeting.
You never come to an office.
Meetings are by phone, and you sign at home in front of a notary and two witnesses you line up. Your signing instructions tell you who needs to be there.
A 15-Minute Call With Shawn
Tell us what is going on with your family. Shawn walks you through your options and what each one costs. Free.
The Design Meeting With Shawn and Melissa
In a 60-minute meeting, Shawn and Melissa review your assets, your family, and your goals together and confirm your price. This meeting is credited toward your plan if you move forward.
Review Every Document With Melissa
Before you sign, Melissa walks through every document with you in plain language. No legal jargon. No confusion about what you are signing.
Sign at Home
You sign at home, in front of a notary and witnesses you line up. Your signing instructions tell you who needs to be there. After you sign, you get a written checklist of what to do next.
Who you’ll work with
Melissa Breyer
Georgia Estate Planning Attorney
Melissa Breyer is a Georgia estate planning attorney who works exclusively on trust-based estate planning and LLC formation. She personally designs and drafts every plan at The Hive Law after the initial call. Every plan is built from scratch for your specific family, your specific assets, and your specific wishes.
You talk to Shawn first. Melissa is the attorney who designs and drafts your plan.
I sat in on her meeting with Melissa, and Melissa did a great job of simplifying complex legalese into easily understood concepts.
What Our Clients Say
122+ Five-Star Google Reviews
I lost my father in February of this year without any estate planning in place. The process of dealing with the probate court has been overwhelming and expensive. After this experience, I contacted The Hive Law to set up a trust so my children never have to go through what I’ve been through. Melissa and Shawn were compassionate, knowledgeable, and made the entire process simple. I highly recommend The Hive Law!
Rachel ShannonGoogle Review
The Hive Law Firm did an excellent job helping my mother-in-law with her estate plan. The process felt overwhelming at first, but their team walked us through every step with compassion and professionalism. They listened to our concerns, explained things in simple terms, and made sure our mother’s wishes were honored. We’re very grateful for their guidance.
Reneida WilliamsGoogle Review
For several years now I have been thinking about having a will drawn up, but continued to procrastinate until an older sibling had a medical situation occur which none of the family was prepared for. This was the determining factor for me to get it done. We never know when an emergency medical situation could arise and I didn’t want my other siblings to be scrambling around trying to figure things out in the event I couldn’t make any decisions for myself, or God forbid I pass away. My attorney (Melissa), was very funny and made the whole experience quite entertaining. She listened to what I wanted and explained the type of plan I needed. Thanks Melissa & Shawn for making the process an enjoyable experience.
Rena SolomonGoogle Review
The Probate Free Guarantee:
If an asset on your Funding Checkup list ends up in Georgia probate because of our error, we handle the legal work at no charge, up to $5,000 in total legal fees.
Common questions
Talk to a real person(770) 710-3422
A new marriage does not cancel your will in Georgia. But a spouse who was left out can get the share they would get if you had no will.
A will you made when your kids were little did not expire. It still counts. The part that named a guardian only matters while a child is under 18, so that part has no job left. What is worth a fresh look is who you put in charge and who gets what, now that your kids are grown.
A do-it-yourself or online will can be valid in Georgia if it was signed the right way. A Georgia will needs two witnesses. A notary is not what makes it valid.
A power of attorney is for while you are living. It ends when you die. After that, your kids can’t use it to sign for you, and it does not say who gets what.
Signing a trust does not cancel a will. A trust package from The Hive Law comes with a new will, and that new will replaces your old one when you sign it.
You can sometimes change one thing without redoing everything. At The Hive Law, if a small change is all your plan needs, we say so. If it should be replaced, we tell you that too.
You do not have to send any documents before the first call. The first call is a conversation by phone with Shawn. He asks what you have, and you get a price.
Tell us what you have. We’ll tell you what it would take.
Your first call is free, about 15 minutes, and happens by phone with Shawn. If you move forward, your next step is the Design Meeting with Shawn and Melissa, which is credited toward your plan.
Your first call always gives a price. If it isn’t a fit, we say so. No pressure.